Western Areas Exploration Pty Ltd v Streeter [No 2]

The case involved Western Areas Exploration Pty Ltd, a mining company, and Streeter, an individual involved in a dispute over mining rights and potential damages. The matter was heard in the Supreme Court of New South Wales. Streeter sought the costs of a mediation process that had been ordered by the court, which he deemed unsuccessful. The crux of the case revolved around the confidentiality and without prejudice nature of the mediation and what evidence could be relied upon to determine the success or failure of the mediation.

The legal issues before the court were whether the confidentiality and without prejudice nature of the mediation process precluded the reliance on certain evidence to determine the success or failure of the mediation and whether the applicant was entitled to the costs of the mediation. The court had to balance the principles of confidentiality in mediation against the applicant's right to seek costs if the mediation was deemed unsuccessful.

The court found that while the mediation process was confidential and without prejudice, it did not preclude the applicant from relying on certain evidence to demonstrate the unsuccessful nature of the mediation. The court held that the applicant could rely on evidence that was necessary to establish the unsuccessful nature of the mediation and that the applicant was entitled to costs if the mediation was deemed unsuccessful. The appeal was dismissed, and the leave to appeal was granted. The court ruled that the applicant was entitled to the costs of the mediation on the basis that the mediation had been unsuccessful.